Shyam Kishore Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29816 of 2020 Arising Out of PS. Case No.-48 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== SHYAM KISHORE MISHRA Son of Late Anandi Mishra Resident of Village- Basaur, P.S.- Bhagwanganj, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr. N. Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagwanganj P.S. Case No. 48 of 2019 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.12.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest the implication of

Patna High Court CR. MISC. No.29816 of 2020(3) dt.06-01-2021 2/2 the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. It is a case of unnatural death of the wife of the petitioner. The onus is on him to explain the cause of death of the deceased.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to expedite and conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T